People v. Beverly

845 N.E.2d 962, 364 Ill. App. 3d 361, 301 Ill. Dec. 97, 2006 Ill. App. LEXIS 229
CourtAppellate Court of Illinois
DecidedMarch 23, 2006
Docket2-05-0399
StatusPublished
Cited by33 cases

This text of 845 N.E.2d 962 (People v. Beverly) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Beverly, 845 N.E.2d 962, 364 Ill. App. 3d 361, 301 Ill. Dec. 97, 2006 Ill. App. LEXIS 229 (Ill. Ct. App. 2006).

Opinion

JUSTICE CALLUM

delivered the opinion of the court:

On June 7, 2004, defendant, Damien O. Beverly, was charged with aggravated unlawful use of a weapon (720 ILCS 5/24 — 1.6(a)(1) (West 2004)). On March 17, 2005, the trial court granted defendant’s motion to quash the arrest and suppress evidence. The court subsequently denied the State’s motions to reconsider and reopen proofs, and this appeal followed. We affirm.

I. BACKGROUND

On March 10, 2005, the trial court held a hearing on defendant’s motion to quash the arrest and suppress evidence. Defendant testified as follows. On June 7, 2004, at approximately 5 p.m., defendant drove to the Sagecrest apartment complex in Aurora to pick up his brother, Damore Beverly, who was staying with their aunt. Defendant parked his car in a spot facing his aunt’s building and her balcony. He parked there because “it was directly in front of my aunt’s building and I was physically sitting in the car. So I thought it was proper for me to sit there and wait for my brother.” He always parked in the same area when visiting the apartment complex. The parking spot was not marked for guest parking, nor was it marked for residents only; he did not see any signs that distinguished resident parking from guest parking. Defendant testified that Sagecrest residents who own cars were supposed to have parking stickers. Defendant knew there was a sign at the parking lot’s entrance that warned that illegally parked and unauthorized vehicles would be towed. He testified that there were no signs on the front of his aunt’s building and that he did not see any “no trespassing” signs posted. There were no cars parked on the right or left side of defendant’s car.

Defendant telephoned Damore’s cellular telephone, and his aunt informed him that Damore was coming downstairs. Defendant waited in his car for approximately two minutes before Damore arrived. Damore was in defendant’s car for approximately 30 seconds when a squad car pulled up behind them. According to defendant, his car was in reverse and he was preparing to back out when the squad car pulled up with its lights activated and parked behind him, blocking his car. If defendant had driven forward, he would have driven into the apartment building; if he had driven backwards, he would have run into the squad car. Defendant testified that it was impossible for him to leave. Two police officers exited the squad car and approached defendant’s vehicle. One officer approached on the driver’s side and the other on the passenger’s side. According to defendant, one of the officers, Michael Corrigan, asked for defendant’s license and registration before asking him to step out of the vehicle. Corrigan subsequently took a gun from defendant’s pants pocket.

Corrigan testified that he worked as a community policing officer for the Aurora police department. The community policing division develops relationships with property owners and residents to address crime issues. Corrigan testified that Sagecrest had a high level of drug and gang activity and that he had made around 15 to 20 narcotics arrests in the area. Typically, drug transactions at Sagecrest occurred in one of two ways. Drug dealers would park in front of the apartment buildings and customers would purchase drugs directly from the cars, or customers would come up to the buildings and dealers would bring drugs down from the apartments. Accordingly, the Aurora police department had entered into a written trespass agreement with Sagecrest. According to Corrigan, the agreement entitled him to act as Sagecrest’s agent to monitor the property and to determine whether people on the property were entitled to be there. Corrigan testified that Sagecrest management wanted him to come to the property and confront people who were there illegally or who were conducting questionable activities. In that capacity, he entered the property at least once daily. If he saw people he did not recognize, he would approach and ask if they were guests of residents. There are approximately 80 apartments in the complex; residents changed from month to month.

According to Corrigan, on June 7, 2004, at approximately 5 p.m. and in broad daylight, he and Officer Michael Dorr patrolled Sagecrest in a marked squad car. Both officers were in uniform. They observed defendant’s car on the north side of one building in the complex. A “no loitering” sign was posted above the main entrance of the building. Defendant’s car was parked three or four parking spots west of the main entrance. In addition, on the west side of the same building, there were a “no trespassing” sign, approximately 12 inches by 8 inches in size, and a “no loitering” sign. The “no trespassing” sign was approximately 20 feet from the entrance to the lot. The officers noticed that two men were sitting in the vehicle and that the vehicle did not have a Sagecrest parking sticker displayed on the bottom left corner of the back window. Sagecrest issued parking stickers to residents so that their vehicles would not get towed and to monitor visitor parking in the area; a Sagecrest sticker was required to park anywhere other than in a guest spot. There were no signs specifically addressing the Sagecrest parking sticker requirement. Corrigan did not recognize either of the vehicle’s occupants, and the vehicle was not parked in a guest parking spot. Guest parking spots were located at the east side of the parking lot in front of the building.

Corrigan saw defendant’s car for about 10 to 15 seconds and decided to pull the squad car up behind it. He did not activate the squad car’s oscillating lights. At the time he pulled up to the vehicle, Corrigan did not know whether defendant or his brother was a guest of a tenant or was banned from the property, nor had he received any reports of drug dealing or complaints about defendant’s vehicle. Corrigan did not consider 10 to 15 seconds to establish loitering. Corrigan testified that he stopped the squad car directly behind and perpendicular to defendant’s vehicle, such that defendant would have hit the squad car if he had tried to back up. Corrigan exited the vehicle and approached the driver’s door, while Dorr approached the front passenger’s door. On direct examination, Corrigan testified that he did not display his weapon, make any commands, or say anything as he approached defendant. On cross-examination, Corrigan testified that he may have asked for defendant’s identification when he first approached. Corrigan testified that he did not believe defendant’s vehicle was running and that he did not see defendant make any attempt to pull out of the space or get out of the vehicle.

Corrigan next observed Damore moving his hands in the vehicle and heard Dorr ordering him to put his hands up in the air. Corrigan saw a plastic baggy next to Damore. Defendant turned his torso as if to reach for the baggy; Corrigan opened the driver’s door, grabbed defendant’s arm, and asked him to step out of the vehicle. He walked defendant to the rear of the vehicle and asked him if he or Damore was visiting someone. Defendant stated that he was just waiting for someone. Because Dorr appeared to be having trouble controlling Damore, Corrigan placed defendant in handcuffs. Defendant stated that he had a gun in his pocket, and Corrigan removed a loaded 9-millimeter gun from defendant’s left front pants pocket.

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Cite This Page — Counsel Stack

Bluebook (online)
845 N.E.2d 962, 364 Ill. App. 3d 361, 301 Ill. Dec. 97, 2006 Ill. App. LEXIS 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beverly-illappct-2006.